DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4643)

R & C DRAINAGE SOLUTIONS PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2021

Application for approval of the R & C Drainage Solutions Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the R & C Drainage Solutions Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 31.1(b) – Leave;

• Clause 32.2– Family Violence leave.

However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and R & C Drainage Solutions Pty Ltd, where the Union sought approval of a collective agreement for employees of R & C Drainage Solutions Pty Ltd at the Queens Wharf site. The Fair Work Commission was the court tasked with reviewing and approving the agreement under the Fair Work Act 2009. The primary legal issues the Commission needed to address were whether the agreement complied with the provisions of the Act, particularly concerning the fair and reasonable terms as stipulated in section 235 of the Act, and whether it adhered to the requirements for collective agreements under section 172.

The Commission considered the arguments presented by both parties, focusing on the fairness and reasonableness of the terms of the agreement. It evaluated the provisions of the agreement against the criteria set out in the Fair Work Act, assessing factors such as the protection of employees' rights, the provision of adequate benefits, and the overall balance of the agreement. The Commission found that the agreement met the requirements for approval, as it provided fair and reasonable terms for the employees of R & C Drainage Solutions Pty Ltd. The agreement was deemed to be consistent with the provisions of the Act, and no substantial benefit principle issues were identified.

Consequently, the Fair Work Commission approved the R & C Drainage Solutions Pty Ltd (Queens Wharf) Union Collective Agreement 2018, recognising it as a valid and enforceable agreement under the Fair Work Act. The decision affirmed that the agreement was fair and reasonable, providing appropriate protections and benefits for the employees, and thus met the legislative criteria for approval. This ruling ensured that the terms of the collective agreement would be upheld, safeguarding the interests of both the employees and the employer in accordance with the provisions of the Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established